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Chicopee, MA Water Use Rules: Leak Reporting Duty (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner's duty
Keep private pipe in good repair, free of leaks
Trigger
Written LUTO notice from the Superintendent
Owner must
File a general service application, repair, get inspection
City's pipe
Public main to property line, in most cases
Shutoff
Superintendent can shut off a leaking service pipe
Appeal
Water/Sewer Commission, within seven working days

Summary

In the City of Chicopee, Massachusetts, the owner must keep the private portion of a water service pipe free of leaks. When the Superintendent finds a leak, a written LUTO (leak up to owner) notice goes out, and the owner must file a general service application, repair the leak and have the work inspected.

A. Conservation by users. No user shall knowingly allow water to leak or run to unnecessary waste. ... § 269-4.3. Repairs, maintenance and thawing. A. Repairs and maintenance. The portion of a water service pipe on private property, or the portion not owned by the City, shall at all times be kept by the owner in good repair, free of leaks and protected from frost and corrosion. ... B. Leak up to owner (LUTO). If the Superintendent determines that there is a leak in the owner's portion of the water service pipe, the Superintendent shall so notify the owner with a written LUTO notice, and the owner shall be responsible for filing a general service application, having the leak repaired and the work inspected by the Superintendent to ensure compliance with this chapter. The Superintendent, in accordance with the provisions of Article 4.0 may shut off such a leaking water service pipe.

Full Breakdown

Chapter 269 of the Code of the City of Chicopee, the Water Use Ordinances, puts leak repair on the property owner for everything past the City's share of the service pipe. Under § 269-3.4 the City owns the water service pipe from the public main to the owner's property line, except where a building, foundation wall, retaining wall, stairs, areaways or other subterranean structures sit on the property line, in which case the City owns the pipe to a distance of 18 inches outside the property line. Beyond that point, § 269-4.3(A) says the portion on private property, or the portion not owned by the City, shall at all times be kept by the owner in good repair, free of leaks and protected from frost and corrosion.

The process is set by § 269-4.3(B). If the Superintendent determines there is a leak in the owner's portion of the water service pipe, the Superintendent notifies the owner with a written LUTO notice. The owner is then responsible for filing a general service application, having the leak repaired and having the work inspected by the Superintendent to confirm it complies with the chapter. The Superintendent can shut off a leaking water service pipe.

The Superintendent can also require an owner, at the owner's expense, to expose piping for inspection and to replace or repair it if it does not conform to applicable state and federal law, codes and ordinances. Where the City's own portion is damaged by neglect or carelessness of the owner, a plumber, contractor, occupant or anyone acting for the owner, the City makes the repairs at the owner's expense. For private water mains, § 269-3.6 lets the Superintendent direct the owner to repair or replace the main to reduce water lost through leaks or where leaks jeopardize the public system.

Separately, § 269-3.8(A) bars any user from knowingly allowing water to leak or run to unnecessary waste. Frozen pipes are the owner's job too: § 269-4.3(C) makes the owner responsible for thawing, at its expense, a frozen pipe on the owner's portion. Chicopee's code sets no resident-reporting deadline; the duty is triggered by the Superintendent's determination.

Violations & Fines

Under § 269-8.2 the Superintendent can issue a cease and desist order, require a time schedule for correction, order payment of penalties and costs, revoke or suspend a permit, file suit, or terminate water service. Section 269-8.4 sets civil penalties by Massachusetts law, DEP and City rules or an appended schedule, and each day of a continuing violation counts as a separate violation. Appeals go to the Water/Sewer Commission within seven working days of the order under § 269-9.2.

Frequently Asked Questions

What is a LUTO notice in Chicopee?
LUTO stands for leak up to owner. Under § 269-4.3(B) of the Chicopee Code, when the Superintendent determines the owner's portion of the water service pipe is leaking, a written LUTO notice goes to the owner, who must file a general service application, repair the leak and have the Superintendent inspect the work.
Who pays to fix a leaking water service pipe in Chicopee?
The owner pays for any leak in the portion on private property or not owned by the City. The City owns the pipe from the public main to the property line, with an exception to a distance of 18 inches outside the line where structures sit on the line under § 269-3.4.
Can Chicopee shut off my water for a leak?
Yes. Section 269-4.3(B) says the Superintendent can shut off a leaking water service pipe in accordance with Article 4.0. Section 269-8.2 also lists termination of water service among the enforcement actions available when an owner fails to comply with an order.
Who repairs a street defect caused by a water main leak?
Under § 269-3.2(C), all defects in highways or streets caused by leaks in water mains or pipes are repaired by the Superintendent. That covers the City's own mains and pipes. Leaks on private water mains remain the owner's responsibility, and the Superintendent can direct the owner to repair or replace the main under § 269-3.6.

Sources & Official References

Other rules in Chicopee

All Chicopee rules

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